Legal review of draft law on regulation for OTT-services in Russia

Relevant committee of Russian state duma made legal analysis of draft law providing regulation for OTT services in Russia. This analysis explains why and how the draft must be improved. For example, the draft law prescribes to introduce a registry of audio-visual services in Russia, but it does not define its legal status and purposes.

Draft law states that audio-visual production is intended to be consumed or received in Russia only if it is provided to customers, residing in Russia, for payment or under condition to view an advertisement, attracting attention of consumers residing in Russia. Analysis states that this provision contains logical error. Paid access to audio-visual production and viewing of advertisement (subjective factor) can’t define the residence of a customer.

Proposed conditions for including of audio-visual service in registry must be clarified. The legislator must take into account the fact that customers can receive access to audio-visual service with help of technologies changing information about residence of Internet user. In other words the user, using VPN and residing in Russia, technically can access audio-visual service from Netherlands.